AH OLD CHARGE.

Wanganui Chronicle, 21 December 1901, Page 2

AH OLD CHARGE.

DUDLEY EYRE BEFORE THE COURT. At the Police Court yesterday morning, before Mr. C. C. Kettle, S.M., Dudley Eyre was brought up on remand charged with that he did- on October 13th, 1887, then being employed in the capacity of clerk to John William Jackson and ot'hr ers, receive and_ take into his possession for and on account of John William Jackson and others, the sum of £15 155., and the same did then feloniously and fraudulently embezzle. Sergeant Dwyer conducted the case for the prosecution, and Mr. Bamicoat appeared for the accused. - The first witness called was W. S. 'Dustiri, confectioner, living in Wangamui, who remembered the Pemberton Small Farms Association formed in Waoganui. He thought this was 1887, but was not sure. Witness purchased five sections at Pemberton for Mrs. Dustin. Did not remember the numbers o. the sections. Made application for the sections througui Mr. J. W. Jackson, who was chairman of the Association. Did not remember who was secretary of the Association at that time. Paid £15,15?. to Mr. Dudley Eyre, who gave witness a xecejpt for same. The receipt was produced and read as follows: "Wanganui, I,3th October, 1887.-—Mrs. Ceiia- Dustin. —Dr. to the Pemberton Small Farm Association. To purchase of town sections 4 and 5, £2 55.; suburban sections 168, 169, and 92, £.13'10s.—£15 10s. Paid, 3.3/10/87.. Dudley Eyre." Remembered accused disappearing about the same time witness got notice that his sections* had been allotted, and that he could procure them on paying £15 15s. Never got the sections. .;•' •'.-'■ -:

Cross-examined by Mr. Barnicoat: Knew Mr. Eyre was not selling the sections, and understood that the money was to go to the Commissioner of Crown • Lamds. Arthur James Rossiter, clerk in the Land Revenue Office, stated that, Tie had gone through papers and documents in connection with the Pemberton Small Farm Association. Accused was secretary of the Association from 1885 to 1888. It waa accused's duty to receive moneys from the (applicants and to forward it to the Government half:yearly. Accused sent lump sums without details either through the Bank or direct to tbie office. So far as the documents showed no payments or remittance* were made in 1887. On December 13th, 1886, the records showed that accused paid in .£1092 16s. 3d. The next payment (amounting to £50) was made on March Bth, 1888. Witness could not give the detai's of the £50. The next payment (£SO) was made on March 24th of the same year. A balance-sheet showing the position of the Association was"prepared about this time. Did not know by whom it was prepared. Thio Bench pointed out that this was. not evidence against accused. ' Witness, continuing, said that section 4 a* mentioned in Mr. Dustin's receipt was allotted to John Heouy Ruscoe, sections 5, 168, and 169 were allotted to Thomas Barrett.

John William.Jackson, a fanner living at Fraser road (near Hawera), remembered the Pemberton Small Farm Association being formed in" Wanganui. Thought it was in 1887, but could not say definitely. Witness .was Chairman, and the accused was secretary and treasurer. Accused's duties -were to receive momeys from the members and remit it to the Government. The accused kept the books of the Association in his office, which was the registered office of the Association. Meetings were called by advertisement by Mr. Eyre. The money was remitted to Mr. Marchamt as rceived. About one fortnight before the accused left an auditor (Mr. Wrightson, a e'erk in the "Herald" office) was appointed to go through the books, but they were not audited', as Mr. Eyre would not let him see the books. Accused's excuse was that Wrightson 'knew nothing about books. Witness then went to Mr. H. 0. Feild on matters .connected with the Association, and then went to Mr. Eyre's office, but it was locked. Then went to Mr. Eyre's house, but Mr. Eyre was not to be found. Mr*l. Eyre would not 'bland up the safe key, but his son-in-law accompanied the party to Mr. Eyre's office. They piocured the key of the office from Mr. Ashforth. and on entering they searched the safe and cash-box, and found two coppers. Thought Mr. Feild took the books. Had never again seen accused till the present moment... The Crown Prosecutor took the matter in hand at the time, but Mr. Eyra was not arrested. The Association had to pay the Crown Prosecutor's expenses.

The Bend* suggested that all adjournment should be made, as the case did not seem to have been prepared. Sergeant Dwyer saad that the Crown Prosecutor had been asked to take the matter up, • but had refused, as he was leaving- for Dunedin.

Mr. Barnieoat -said that in the evidence so far adduced there was not the semblance of a, case against the accused, and he | (Mr, Barnieoat) must therefore ask that accused Be discharged. He pointed out that all accused's people were Jiving in Auckland, and at. the time of his arrest had just procured a Government appointment, and it would be very hard if he had to wait in Wanganui. Sergeant Dwyer asked for an adjournment in order that the papers? might be looked into.

Mr Kettle said he could not understand Avhy the case had not. been worked np before being brought into Court. He 'olid not blame Sergeant Dwyer, but he thought the Crown g«s&ecutor should li»ve taken the matter up, or, if unable to do so, have appointed another lawyer. When the questioiu of a man's liberty -was concernedliolidays ought not to be taken into consideration. He had never heard of such a thing, and in future he hoped that in the event of the Crown Prosecutor being absent from town, some provision would be made for the Oown being represented. Holidays must not be allowed to interfere with tue administration of justice. . Mr Barnieoat asked if accused could be remanded for' a month, as he could (if 'bailed out) go to Auckland, where he had lan invalid wife, and; return to Wanganui in ■time to appear. ' . His Worship pointed out that this could not be done as lie had only power to remand for eight days. , Mr Barnieoat stated that there was no likelihood of the case being ready at the expiry of eight days and' he thought it would be hard if accused had to wait in town just for the purpose of appearing. He suggested that the poiice should withdraw the charge, and, in the event of their obtaining further evidence, they could rearrest the accused.

Sergeant Dwyer said he could not accept, the suggestion. M this stage Mr. J. W. Jackson announced to the Court that he would be a bondsman for accused.

The Court then adjourned till 2 o'clock. On resumption. Mr. Barnicoat informed the Court that Mr. T. D. Cummins had also agreed to bo a bondsman. The accused was then remanded for eight oars on bail, him«elf in a surety of £200 and two sureties of £200 *ac'ln *